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Changing Llc from Member Managed to Manager Managed by qfe97212

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									                        NORTH CAROLINA
            ALCOHOLIC BEVERAGE CONTROL COMMISSION
                             Location: 400 EAST TRYON ROAD
                                    RALEIGH NC 27610
                                       (919) 779-0700

                           MAIL TO ADDRESS ON BACK OF FORM


           HOW TO APPLY FOR A NONRESIDENT VENDOR ABC PERMIT

I.    INSTRUCTIONS
      A.     Complete this application in its entirely. It must be signed and notarized.
      B.     The correct fee(s) must accompany the application. Payment must be by certified check,
             cashier’s check, money order or company check and made payable to the North Carolina
             ABC Commission.
      C.     The following additional documents are required:
               1.      A copy of the Federal Basic permit or Brewers Notice.
               2.      Corporations – Articles of Incorporation.
               3.      LLC’s – Articles of Organization. If manager managed, a copy of the operating
                       agreement must be submitted. If LLC is managed by an outside entity, a
                       management contract must also be submitted.
      D.     Change in Ownership – All permits for an establishment shall automatically expire and
             shall be surrendered to the Commission if:
               1.     Ownership of the establishment changes; or
               2.     A change in the membership of the firm, association or partnership owning the
                      establishment, involving the acquisition of twenty-five percent (25%) or greater
                      interest in the firm, association or partnership by someone who did not previously
                      own twenty-five (25%) or greater interest; or
               3.     Twenty-five percent (25%) or more of the stock of the corporate permittee
                      owning the establishment is acquired by someone who did not previously own
                      twenty-five percent (25%) or more of the stock.
      E.     Change in Location – An ABC permit cannot be transferred from one location to another.
             Therefore, if you relocate your business, you must apply for ABC permits at the new
             location.
      F.     Changes Within Establishment – (Other than changes in Ownership).
               1.     LLC Manager Change – Each new manager must complete an application and
                      qualify for ABC permits. No fee is required.
               2.     Corporate Officer Change – Each new officer must complete an application and
                      qualify for ABC permits. No fee is required.

II.   WHO MUST FILE
      A.     Individual Operation – The individual owner of the business is required to file an
             application.
      B.     General Partnership Operation – Each partner is required to file a separate application.
      C.     Limited Partnership – The general partner(s) is required to file an application.
       D.     Corporation – Each officer, and any stockholder owning 25% or more of the stock, must
              file separate applications. (NOTE: Articles of Incorporation must be submitted.)
       E.     Limited Liability Company (LLC) – If member managed, all members owning 25% or
              greater interest must file an application; or, if no one owns 25% or greater interest, the
              managing members must file an application. If manager managed, the person or persons
              acting as manager on behalf of the LLC must file, in addition to any member who owns
              25% or greater interest in the company. (Note: Articles of Organization must be submitted.)
       F.     If a 25% interest holder is an LLC or a corporate stockholder is another business entity
              (partnership, corporation, or LLC), a partner, an officer or member must complete the
              application on behalf of that business entity.
III.   FEES
       All application fees must be submitted by certified check, cashier’s check, money order or company
       check and made payable to the North Carolina ABC Commission. All fees are deposited with the
       State Treasurer, and no provisions are made for refunds whether the application is approved,
       rejected or withdrawn.

       TYPES OF PERMITS                                   FEE REQUIRED

       Nonresident Wine Vendor                                  $100.00
       Nonresident Malt Beverage Vendor                         $100.00
       Malt Beverage Special Event                              $200.00




                                                               Application for Nonresident Vendor Permit – Rev 11/2010
                                                NORTH CAROLINA
                                     ALCOHOLIC BEVERAGE CONTROL COMMISSION
                                    APPLICATION FOR A NONRESIDENT VENDOR PERMIT
                                                                                                                            Application #
Fee Paid:                                                                                                                   Approved
Date Rec'd:                                                                                                                 Rejected
Rec'd By:                                                                                                                   By
                                                                                                                            Date
                                                               (Do Not Write Above This Line)
I hereby make application to the North Carolina Alcoholic Beverage Control Commission for the following permit(s):

                         Nonresident Wine Vendor                                                          Nonresident Malt Beverage Vendor

                        Wine Shipper (Wine Producers/blenders only)                                       Malt Beverage Special Event

TYPE OF OWNERSHIP (Check One):                         Individual (complete sections A, B and F, below)
                                                      Partnership (complete sections A, B and F, below)
                                                      Corporation (complete sections A, B, C and F below)
                                                      Limited Liability Company (complete sections A, B, D and F, below)
                                                     Limited Partnership (complete sections A, B, E and F, below)
Section A
Trade Name of Business

Location Address of Business
                                              Street/Route                              City                        State              Zip Code

Mailing Address of Business
                                           Street/Route/PO Box                          City                        State              Zip Code

Section B

Applicant's Full Name
                                         First (no abbreviations)                                    Middle                                 Last

Date of Birth                                                          Email Address

Resident Address
                                     Street/Route                                                 City                      State                  Zip Code

Home Telephone #                                                                    Business Telephone #

Day Time Telephone #                                                                Fax #

Section C
If Incorporated, Corporate Name
If Incorporated, position in Corporation:                  President                Vice-President              Secretary              Treasurer
                                                         Stockholder - % of Stock

If 25% or more , stockholder is another business entity, name of entity:

Applicant's position in business entity:
Section D

If LLC, Company Name
        Form of Management:                Member-Managed                     Manager -Managed
If 25% or more interest holder is another business entity, name of entity:

Applicant's position in business entity:
Section E
If Limited Partnership, Limited Partnership Name:
                              General Partner Name:
Applicant's position in general partner business entity (President, Vice President, LLC Manager, etc.):

Section F
Describe the operation of this business:




1. Has disapproval ever been given by any government agency to any application or notice of intent to manufacture, use, store, rectify,
    bottle, distribute, sell, import or transport distilled spirits, beer or wine filed by you or any firm or corporation of which you were
    proprietor or a partner, officer, director, principle stockholder, or responsible employee?                                       Yes           No
    If yes, explain:


2. Have you or any firm in which you were a principle ever compromised, by payment of penalties or otherwise, any violation of any
   federal or state laws relating to internal revenue or customs taxation of alcoholic beverages?                                     Yes           No
   If yes, explain:


3. Do you hold any financial interest in, or do you receive or pay any profits or salary from or to any retail malt beverage or wine outlet
   in North Carolina?            Yes        No      If yes, explain:


                                                    It is a Crime to make a false statement to obtain an ABC Permit
I CERTIFY UNDER OATH OR AFFIRMATION THAT:
            - The information on this application is correct to the best of my knowledge.
            - I am not less than 21 years of age.
            - I have not been convicted of a misdemeanor controlled substance offense nor an alcoholic beverage offense
              within the past two years.
            - I have not been convicted of a felony within the past three years, and if convicted of a felony before then, I
              have had my citizenship restored.
            - Note: Conviction is defined as "A person who has been "convicted" and found guilty, or has entered a
              plea of guilty or nolo contendere, and for which a judgment has been entered."
            - I have had no alcoholic beverage permit revoked within three years.
            - I understand that I can only engage in activities authorized by the N.C. ABC Laws for the permit issued.
            - I understand that before any wine or malt beverage product is offered for sale in this state, the product and
              the label must be approved by the Commission.
            - I am not an officer, director or affiliate and have no financial interest in, nor do I receive from or pay
              any profits or salary to any N.C. retail malt beverage or wine outlet.



                                        Signature of Applicant                                                                                    Date

Sworn to and subscribed before me this the
                                                                                Day                            Month                  Year
My commission expires
                                            Date of expiration                               Notary or other person qualified by law to administer oaths
                                                                                                    Note: Must be stamped or sealed by notary
                                     FORWARD THIS APPLICATION, FEE(S), & REQUIRED DOCUMENTS TO:
If sending by U.S. Postal Service                                                              If sending by U.S. Postal Service EXPRESS MAIL,
(regular mail):                                                                                FEDEX OR UPS:
NC ABC COMMISSION                                                                              NC ABC COMMISSION
4307 MAIL SERVICE CENTER                                                                       400 EAST TRYON ROAD
RALEIGH NC 27699-4307                                                                          RALEIGH NC 27610


                                                                                                                 Application for Nonresident Vendor Permit - Rev 11/2010
     NC ABC Form C004

								
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